What is a motion to suppress in criminal procedure?

A motion to suppress in criminal procedure is when an attorney or defendant files papers with the court asking for certain evidence to be excluded from the trial. This could include evidence such as illegally seized items, illegally obtained confessions, or evidence that was obtained without proper search warrants. A motion to suppress is based on the premise that the defendant’s Fourth Amendment rights have been violated. The Fourth Amendment states that warrants must be obtained for searches and seizures to be legal, and that evidence obtained without a warrant (or other legal basis) should not be used against the defendant. In North Carolina, the court will often hold a hearing to hear arguments from both sides before deciding whether to grant or deny the motion. The defense typically argues that the evidence was illegally obtained, while the prosecution argues that the evidence is relevant and should not be suppressed. If the court grants the motion, the evidence is excluded from the trial and cannot be used to convict the defendant—even if the evidence proves the defendant’s guilt. Conversely, if the court denies the motion, the evidence is admitted in the trial and may be used to prove the defendant’s guilt.

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